Case law

Mace v. M&T Bank

District Court, M.D. Florida · Feb 23, 2021

But that case dealt with the absolute quasi-judicial immunity law enforcement officers enjoy from civil rights actions under 42 U.S.C. … Mace Has Not Established a Claim for Malicious Prosecution.

Abrams v. Don Hunter

910 F. Supp. 620 · District Court, M.D. Florida · Dec 28, 1995

It would not be reasonable to impose such an absolute and clearly unworkable responsibility on prison officials.” Gullatte, 654 F.2d at 1012 . … The Court held: Section 1983 provides judicial remedies to a claimant who can prove that a person acting under color of state law committed an act that deprived the claimant of some right, privilege, or immunity protected

Colon v. Johnson

District Court, M.D. Florida · Dec 13, 2024

In December 2015, the Advanced Diagnostic Group Employee Stock Ownership Plan (ESOP) was established. … Furthermore, as a contingency case, Class Counsel clearly accepted a significant risk in litigating this matter (Doc. 283, pp. 13-14).

Lewis

District Court, M.D. Florida · Mar 13, 2026

A decision involves an “unreasonable application” of clearly established federal law “if the state court identifies the correct governing legal principle from [the Supreme] Court’s decisions but unreasonably … Accordingly, “[t]he focus . . . is on whether the state court’s application of clearly established federal law is objectively unreasonable, and . . . an unreasonable application is different from an incorrect one.”

Knepfle v. J & P Cycles, LLC

District Court, M.D. Florida · May 7, 2021

A court should admit expert testimony if the proponent of that testimony establishes the following: (1) the expert is qualified to testify competently regarding the matters he intends to address; (2 … To begin, Thom is clearly qualified to testify as an expert witness. Knepfle stipulated to that fact at the Daubert hearing.

United States v. Maali

346 F. Supp. 2d 1226 · District Court, M.D. Florida · Aug 8, 2004

Defendants contend that the area is clearly a separate business from the Big Bargain World store at 6454 International Drive, with a separate address, 6458 International Drive. … This doctrine was established in United States v.

Suber v. Seminole County, Fla.

78 F. Supp. 2d 1298 · District Court, M.D. Florida · Mar 17, 1999

substantially younger person filled the position that he sought or from which he was discharged; and (4) that he was qualified to do the job for which he was rejected.” … Plaintiff's Amended Complaint does not clearly state her causes of action. 5 . Plaintiff's memorandum fails to address the issues in a complete or clear fashion. 6 .

Locascio v. City of St. Petersburg

731 F. Supp. 1522 · District Court, M.D. Florida · Mar 8, 1990

(Docket No. 29) This circuit clearly holds that summary judgment should only be entered when the moving party has sustained its burden of showing the absence of a genuine issue as to any material fact when all the evidence … The facts, as stipulated by the parties in the joint memorandum, establish that the City made application for Block Grants as late as 1988-89.

Overstreet v. United States

District Court, M.D. Florida · Oct 23, 2019

A prisoner can establish that the sentencing court relied on the residual clause in two ways. … However, if “‘the evidence does not clearly explain what happened … the party with the burden loses.’” Id. at 1225 (quoting Romine v.

CDO Investments, LLC v. Knauf Gips KG

District Court, M.D. Florida · Feb 28, 2024

The Eleventh Circuit found that Pulte had not established that there was damage to “other property.” … Most of the damages Plaintiff seeks qualify as economic damages which are not recoverable in product liability tort claims.

United States Ex Rel. Campbell v. Lockheed Martin Corp.

282 F. Supp. 2d 1324 · District Court, M.D. Florida · Aug 5, 2003

The Ocala work performance data qualifies under the first part of this statutory definition because it was an accumulation of facts in existence at the time the final contract price was set. … But, if TINA is to have the intended “force and effeet[,] then the Government must be clearly and fully informed. This can only be achieved by complete disclosure.” Sylvania Elec. Prods. v.

Curtis v. Mislevy

District Court, M.D. Florida · Nov 29, 2023

Clearly, as indicated by the volumes of this file, the trustees of Alpha and Omega received notice of these pleadings and have tried to defeat them. … (Doc. 1 at 47–48, 51, 53, 56, 60, 63, 65, 68, 70) Title II of the ADA states that “no qualified individual with a disability shall, by reason 2 11th Cir.

Ellerbee v. Ethicon, Inc.

District Court, M.D. Florida · May 20, 2021

Elliott is not qualified to provide opinions about the duties of a medical device manufacturer, and those opinions are unreliable; (3) Dr. … Elliott cannot opine on whether Ethicon responded appropriately to alleged safety issues with additional research and 2 The case cited by Defendants is clearly distinguishable on its facts – Dr.

Lange

District Court, M.D. Florida · Feb 20, 2026

“A preliminary injunction is an extraordinary and drastic remedy not to be granted unless the movant clearly establishes the burden of persuasion as to the four requisites.” … Further, given FDLE’s own letter that Lange relies upon, it is questionable at best whether Lange could ever qualify for such petition given his requirement to register was based upon an adult

Strawder v. Secretary, Department of Corrections

District Court, M.D. Florida · Mar 23, 2020

The AEDPA “establishes a more deferential standard of review of state habeas judgments,” Fugate v. … The phrase “clearly established Federal law,” encompasses only the 5 holdings of the United States Supreme Court “as of the time of the relevant state-court

Scott Green v. Commissioner of Social Security

District Court, M.D. Florida · Sep 30, 2020

He concluded that the claimant would qualify for disability retirement (Exhibit 11F). … Statements about pain alone cannot establish disability. Id. § 404.1529(a), (b).

Meza v. Marstiller

District Court, M.D. Florida · Mar 27, 2023

The Court answered this question with a “qualified yes.” See id. … “Class representatives bear the burden to establish that their proposed class is ‘adequately defined and clearly ascertainable,’ and they must satisfy this requirement before the district court can consider whether

Ogletree Ex Rel. Estate Ogletree v. Columbia County

34 F. Supp. 2d 1349 · District Court, M.D. Florida · Aug 13, 1997

The passenger side of Atkinson’s car, with a light-colored sheet or bag hanging over the front window, was clearly visible from the street. … Allegations of Plaintiff's Complaint Plaintiffs four-count Complaint (Dkt.l) contains three causes of action predicated on 42 U.S.C. § 1983 and one state-law based cause of action pursuant to the waiver of sovereign immunity

McLees

District Court, M.D. Florida · Nov 20, 2025

Section 1915(e)(2)(B)(i) dismissals should only be ordered when the legal theories are “indisputably meritless,” id. at 327, or when the claims rely on factual allegations which are “clearly baseless.” Denton v. … To establish an Eighth Amendment violation, a prisoner must satisfy both an objective and subjective inquiry regarding a prison official’s conduct. Swain v.

Taylor v. Florida Department of Corrections

District Court, M.D. Florida · Sep 17, 2024

Petitioner offers no clearly established federal law suggesting that a prisoner’s own mistake regarding the nature of the charge against him imposes additional due process requirements on prison officials or turns their … Accordingly, because the decision from the state courts was neither contrary to, nor an unreasonable application of, clearly established Supreme Court precedent, it is entitled to deference.